May 24, 2014

A jury found David G. Dudas (right) guilty of sexual assault and physical abuse of his wife in Outagamie County court on April 30. For the eight days jurors participated in the trial, their wages totaled $5,471 and they received $1,940 for mileage. / Wm. Glasheen/Post-Crescent Media

APPLETON — It costs 66 percent more per day for a jury in Winnebago County to hear a case than one in Outagamie County — a difference of more than $500.

Even high-profile cases in Outagamie County, like the recent eight-day trial for David G. Dudas, cost less per day than average jury trials in Winnebago and Calumet counties, a Post-Crescent Media analysis found.

But officials said there is more to consider than the bottom line, such as the quality of the jurors’ experience.

In 2013, Outagamie County spent an average $790 per trial day on jury wages, mileage and food. About $560 of that was for jury wages.

By contrast, Winnebago County’s average daily total was $1,304 in 2013, with $838 going toward jury wages. Calumet County landed in the middle, with its average daily total reaching $1,184, with $738 going to jury wages.

Outagamie County courts have several practices to keep costs down for jury trials, said Barb Bocik, chief deputy clerk of courts. Those scheduled for jury duty are asked to call in the night before to see if the trial is still on schedule. Winnebago County has a similar phone system, said Clerk of Courts Melissa Konrad.

Typically, Outagamie County calls in about 40 potential jurors per case, Bocik said, while Konrad said Winnebago County usually calls about 35 people.

For the Dudas trial, attorneys opted to widen that pool to 105 people who sat through the day-long jury selection in late April. Two who were dismissed very early were paid $14 for a half day, while the remaining 89 people not selected for the jury were paid the daily $25 rate. The trial included four alternate jurors, as opposed to the usual one or two, who sat and heard the case along with the 12-person jury that convicted Dudas of sexually assaulting his wife.

Outagamie County’s juror wages are slightly lower than its neighboring counties. Winnebago County pays $25 per day and does not pay less for half days, while Calumet County pays $25 for a half day and $35 for a full day. County boards set jury wages, which can’t be less than $16 per day.

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For the eight days jurors participated in the Dudas trial, their wages totaled $5,471. In addition, jurors were compensated $1,940 for mileage, and the county spent $570 for meals, beverages and snacks, Bocik said.

“Typically, we don’t provide meals for our juries unless they’re in deliberation,” said Bocik, who said it was faster to bring in meals for such a large group.

With the higher number of potential jurors called for Dudas’ trial and meals purchased more frequently by the county, the daily cost averaged $998 — higher than the average Outagamie County trial, but still less than the cost in Winnebago and Calumet counties.

Unlike Outagamie County, Winnebago provides lunch every day jurors are in court. Winnebago County Judge Barbara Key said providing lunch helps shorten breaks and prevents jurors from running into witnesses or a defendant’s family members outside the courtroom, which could threaten a juror’s impartiality.

“I think what we do for our jurors is fair when you realize you’re taking them away from their homes, their jobs and family responsibilities to come serve — we all agree we can at least feed them for the day,” said Key, who oversees the county’s jury system. “And when they’re done, they’re pretty positive and most say it was a good educational experience.”

In 2013, Winnebago County spent $13,860 on meals, snacks and beverages for jurors, compared to its neighboring counties, which spent between $1,800 and $2,700. Its mileage reimbursement costs were also the highest at $34,211 compared to $11,000 to $14,300 for Outagamie and Calumet counties.

There were 71 days last year when trials were taking place in Outagamie County in 2013, Bocik said. There were 103 trial days in Winnebago County and 31 in Calumet County.

Konrad attributed the county’s higher costs to the fact that it doesn’t have a separate rate for a half-day of jury service. The county also has a different selection process than Outagamie County: jurors are not called in for specific cases, but are part of a pool for each court branch that could have multiple trials scheduled for the same day.

Bocik said there’s one more thing she does to help keep costs down for Outagamie County taxpayers — instead of using a delivery service for beverages and snacks or ordering in, she does the shopping herself.

“I shop at Sam’s Club,” she said. “We used to have a delivery beverage service, but I run around myself and do it now.”